Formation of the Book of Marriage and Family of Chinese Civil Code, from a Historical Perspective: A Mixture of More Endogenous Resources and Less Elements Transplanted from Other Civil Law Countries

徐涤宇 Xu Diyu

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Chapter 12 Formation of the Book of Marriage and Family of Chinese Civil Code, from a Historical Perspective: A Mixture of More Endogenous Resources and Less Elements Transplanted from Other Civil Law Countries

In: The Chinese Civil Code in the Global Legal Order

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徐涤宇 Xu Diyu

徐涤宇 Xu Diyu
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Type:: Chapter

Pages:: 206–223

DOI:: https://doi.org/10.1163/9789004704428_013

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Abstract

The Book of Marriage and Family, guided by socialist values, is the product of both history and experience. As the first statute of the People’s Republic of China, the 1950 Marriage Law broke traditional legislation since the late Qing dynasty where local experience was mixed with western influence, promoted social revolution with legal revolution, and laid the foundation of the basic style and layout for Chinese family law. After that, all Chinese statutes, regardless of the form of slip laws or a code, are all modified or revised on the basis of the 1950 Marriage Law. The early Soviet influence of the PRC family law existed only in form, whereas the local situations and experience were the real underlying basis thereof. The later return to the traditional modelling on civil law countries is only technical in nature, and the consultation of various foreign laws and theories are only for the purpose of interpreting local experience. This approach differs drastically with that of the provisions of property law in the Civil Code.

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The Chinese Civil Code in the Global Legal Order

Inner and Outer Perspectives

Series: Comparative Law in Global Perspective, Volume: 7

Cover The Chinese Civil Code in the Global Legal Order

E-Book ISBN:: 9789004704428

Publisher:: Brill | Nijhoff

Print Publication Date:: 20 Jul 2024

Subjects
- International Law
  - International Law: Regional Perspectives
  - Comparative Law

Front Matter

Part 1 The Overall Framework of the Chinese Civil Code

Part 2 The Inner Contents of the Chinese Civil Code

Part 3 The Outer Significance of the Chinese Civil Code

Back Matter

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Chapter 12 Formation of the Book of Marriage and Family of Chinese Civil Code, from a Historical Perspective: A Mixture of More Endogenous Resources and Less Elements Transplanted from Other Civil Law Countries

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The Chinese Civil Code in the Global Legal Order

Inner and Outer Perspectives

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